HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 159/6
EN
Official Journal of the European Union
11.6.2013
COMMISSION IMPLEMENTING REGULATION (EU) No 532/2013
of 10 June 2013
amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the
active substance carbon dioxide
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
and the Commission within the Standing Committee on
the Food Chain and Animal Health and the draft review
report was finalised on 17 May 2013 in the format of
the Commission review report for carbon dioxide.
Having regard to the Treaty on the Functioning of the European
Union,
(3) It
is
confirmed
that
the
active
substance
carbon
dioxide
is
to be deemed to have been approved under Regulation
Having regard to Regulation (EC) No 1107/2009 of the
(EC) No 1107/2009.
European Parliament and of the Council of 21 October 2009
concerning the placing of plant protection products on the
market and repealing Council Directives 79/117/EEC and
(4) In
accordance
with
Article
13(2)
of
Regulation
(EC)
No
91/414/EEC ( 1 ), and in particular Article 13(2)(c) thereof,
1107/2009 in conjunction with Article 6 thereof and in
the light of current scientific and technical knowledge, it
is necessary to amend the conditions of approval of
Whereas:
carbon dioxide as regards maximum quantities for the

following relevant impurities: phosphane, benzene,
carbon monoxide, methanol, hydrogen cyanide.
(1) The
active
substance
carbon
dioxide
was
included
in
Annex I to Council Directive 91/414/EEC
( 2 ) by
(5) The
Annex
to
Implementing
Regulation
(EU)
No
Commission Directive 2008/127/EC ( 3 ) in accordance
540/2011 should therefore be amended accordingly.
with the procedure provided for in Article 24b of
Commission Regulation (EC) No 2229/2004 of
3 December 2004 laying down further detailed rules
for the implementation of the fourth stage of the
(6) A
reasonable
period
of
time
should
be
allowed
before
the
programme of work referred to in Article 8(2) of
application of this Regulation in order to allow Member
Council Directive 91/414/EEC (
States, the notifier and holders of authorisations for plant

4 ). Since the replacement
of Directive 91/414/EEC by Regulation (EC) No
protection products containing carbon dioxide to meet
1107/2009, this substance is deemed to have been
the requirements resulting from amendment to the
approved under that Regulation and is listed in Part A
conditions of the approval.
of the Annex to Commission Implementing Regulation
(EU) No 540/2011 of 25 May 2011 implementing Regu
lation (EC) No 1107/2009 of the European Parliament
(7) The
measures
provided
for
in
this
Regulation
are
in
and of the Council as regards the list of approved active
accordance with the opinion of the Standing
substances ( 5 ).
Committee on the Food Chain and Animal Health,
(2) In
accordance
with
Article
25a
of
Regulation
(EC)
No HAS ADOPTED THIS REGULATION:
2229/2004, the European Food Safety Authority, here
inafter ‘the Authority’, presented to the Commission its
view on the draft review report for carbon dioxide ( 6 ) on
Article 1
18 December 2012. The Authority communicated its
view on carbon dioxide to the notifier. The Commission
Part A of the Annex to Implementing Regulation (EU) No
invited it to submit comments on the draft review report
540/2011 is amended in accordance with the Annex to this
for carbon dioxide. The draft review report and the view
Regulation.
of the Authority were reviewed by the Member States
( 1 ) OJ L 309, 24.11.2009, p. 1.
Article 2
( 2 ) OJ L 230, 19.8.1991, p. 1.
This Regulation shall enter into force on the twentieth day
( 3 ) OJ L 344, 20.12.2008, p. 89.
( 4 ) OJ L 379, 24.12.2004, p. 13.
following that of its publication in the Official Journal of the
( 5 ) OJ L 153, 11.6.2011, p. 1.
European Union.
( 6 ) European Food Safety Authority; Conclusion on the peer review of
the pesticide risk assessment of the active substance carbon dioxide.
EFSA Journal 2013; 11(1):3053. [46 pp.] doi:10.2903/
j.efsa.2013.3053. Available online: www.efsa.europa.eu/efsajournal
It shall apply from 1 November 2013.

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EN
11.6.2013 Official
Journal
of
the
European
Union L
159/7
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 June 2013.
For the Commission
The President
José Manuel BARROSO

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L 159/8
ANNEX
In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 225 on the active substance carbon dioxide is replaced by the following:
Number
Common Name, Identification
Numbers
IUPAC Name Purity Date
of
approval Expiration
of
approval Specific
provisions
EN
‘225 carbon
dioxide
carbon dioxide
≥ 99,9 %
1 September 2009 31
August
2019 PART
A

CAS No: 124-38-9
Relevant impurities:
Only uses as a fumigant may be authorised.
CIPAC No: 844
phosphane max. 0,3 ppm v/v
PART B
benzene max. 0,02 ppm v/v
For the implementation of the uniform principles as
referred to in Article 29(6) of Regulation (EC) No
carbon monoxide max. 10 ppm v/v
1107/2009, the conclusions of the review report on
carbon dioxide (SANCO/2987/2008) and in particular
methanol max. 10 ppm v/v
Appendices I and II thereof, as finalised in the
Off
hydrogen cyanide max. 0,5 ppm v/v
Standing Committee on the Food Chain and Animal
icial
Health on 17 May 2013 shall be taken into account.
Jour
Conditions of use shall include, where appropriate, risk
mitigation measures.’
nal
of
the
European
Union
11.6.2013

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Document Outline

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